Question

Which of the following statements are correct regarding the Anti-Defection Law under the 52nd and 91st Constitutional Amendments?

i. The 52nd Amendment introduced the Tenth Schedule, which outlines provisions for disqualification on grounds of defection.

ii. The 91st Amendment removed the exception for disqualification in cases of a split in a political party.

iii. A nominated member is disqualified if they join a political party within six months of taking their seat in the House.

• A. Only i and ii
• B. Only i and iii
• C. Only ii and iii
• D. All are correct

Answer 1

Answer:

A. Only i and ii

The Tenth Schedule: Anti-Defection Law

• The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule to the Constitution of India.
• This schedule is commonly known as the Anti-Defection Law.
• It lays down the grounds on which a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) can be disqualified from their respective Houses.
• The primary aim was to curb political defection, which was seen as a threat to the stability of governments.

Changes Introduced by the 91st Amendment

• The 91st Constitutional Amendment Act, 2003 significantly modified the provisions related to defection.
• It omitted the exception that allowed disqualification if at least one-third of the members of a political party decided to split from the original party. This means a split no longer provides immunity from disqualification.
• This amendment aimed to strengthen the anti-defection provisions by closing a loophole that was often exploited.

Disqualification of Nominated Members

• A nominated member of either House of Parliament or a State Legislature is subject to disqualification if they join any political party after the expiry of the period of six months from the date on which they take their seat.
• This is a crucial distinction: they have a grace period of six months to decide whether to join a political party or not. If they join after this period, they can be disqualified.
• The original Tenth Schedule had different provisions regarding nominated members, which were clarified and modified over time, with the 91st Amendment playing a key role in the current framework.

Key Provisions for Disqualification

• A member can be disqualified if they voluntarily give up their membership of a political party.
• If a member votes or abstains from voting in a House contrary to the direction issued by their political party, without obtaining prior permission or condonation from the party.